These terms and conditions (“T&Cs”) apply to Your access to, and use of the Application (defined hereinbelow). The Application is operated by mokingo and its subsidiaries, associates, licensees, and affiliated companies (“Mokingo”).

You acknowledge that mokingo is providing you with a revocabale license to use limited features of the Application and is not selling the Application or any features or technologies contained therein.

By continuing usage of the Application, You are consenting to be bound by these T&Cs. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND FEATURES CONTAINED THEREIN. If You find any of the T&Cs unacceptable, do not tender your acceptance to use the Application or avail any of its features. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND ANI IN RESPECT OF THE FEATURES OFFERED/AVAILED USING THE MOBILE APPLICATION.

I. DEFINITIONS

All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

•    
• “Account” refers to the User’s account on the mobile application mokingo enabling the use of the Application by the User
•    
• “Application” shall mean the mobile application “mokingo” and shall mean and include any updates provided by mokingo from time to time.
•    
•  “Registration Data” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by mokingo from time to time, provided by the Users at the time of registration on the mobile application mokingo or otherwise.
•    
• “User” shall mean persons who have created an Account and use the Application.
•    
• "You", “Your" or “Yourself” shall mean reference to the User accessing the Application

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Service. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service. 

The Terms of Service stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you (the “User”) and Mokingo International Group. (the “Company”). 

By using the Mokingo mobile application supplied to you by the Company’s affiliated company/ies (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking to establish an account with the Company and use the Mokingo (the “Mokingo” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by these Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.Mokingo.com/ or through the Application, and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Use. Notwithstanding the foregoing, the Company will provide ten (10) business days’ notice of any changes, which the Company in its reasonable discretion deems material, to these Terms of Use following which your continued use of the Service will be deemed to confirm your acceptance of such changes. 

Consumer advisory – Consumers (Users) are advised to read the terms and conditions (i.e. these Terms of Use) carefully.  

1. Use of the Mokingo 

• Type of payments that can be made with the Mokingo: 
  The Mokingo may be used for the sale and purchase of goods and services from all transportation providers, merchants and agents lawfully offering Mokingoas a payment solution (either by way of static/dynamic QR Code payment, settlement via the Application, or online settlement), PROVIDED HOWEVER that no payments in violation of the provisions of these Terms of Use, including the Acceptable Use Policy (below) shall be permitted. 

• Applicable Fees and Charges: There shall be no charges levied by the Company on usage of the Mokingo other than as agreed with you in writing. 

• User Transaction Statement: 
  A full statement of User’s transactions may be downloaded from the following website: https://www.Mokingo.com 

• Fraudulent activity or stolen e-money: 
  You agree to immediately notify the Company by visiting our Help Centre or e-mailing; mokingo@mokingo.com of any fraudulent activity or theft of funds in the Mokingo of which you become aware. 

• The Company has the right to suspend, or later reverse, the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use. 

• The Company reserves the right to suspend the use of your account entirely, disable the cashless feature in the Mokingo or block any financial instruments e.g credit or debit card where it reasonably believes that the account activity may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms Of Use. 

• Unless the context dictates otherwise, references in these Terms of Use to the Mokingo, shall include all such stored value facility e-wallets issued to Users by the Company to include the MokingoConsumer Wallet, the MokingoDriver Wallet and the MokingoMerchant Wallet. 

2. Use of the Service 

• Payments by the Mokingo service may be made directly in the Mokingo application via the addition of a credit or debit card, PayNow QR / VPA or via such other method of making payment to merchants as is available in the Application, or by the use of the Mokingo. 

• Users may choose to add any credit or debit cards, PayNow QR / VPA, or such other methods of loading funds into the Mokingo as are made available in the Application (each, together with those payments in the first bullet point a “Funding Source”). 

• You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service. 

• In the case of debit or credit cards as Funding Sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card. 

• In the event your payment through the Mokingo using a debit or credit card as your Funding Source is processed overseas, you will be liable for any additional charges in relation thereto. 

• Your Mokingo will hold UK Dollars together with those foreign currencies as are from time to time made available to Users. 

• In the event your payment through the Mokingo is made to an overseas merchant offering goods or services in a currency other than UK Dollars (either by way of QR Code payment or online settlement): 

• Payment will first be drawn from those multi-currency pockets which match the advertised currency of settlement of the merchant for such goods or services; and 

• In the event that no such currency as matches the currency of settlement of the merchant is held by the User in their Mokingo, payments will be made: 

• Where the overseas merchant is a Mokingo merchant capable of accepting such payments, by way of the application of a dynamic exchange rate for payments settled directly to the overseas Mokingomerchant; and 

• Where the overseas merchant is not a Mokingomerchant capable of accepting such payment, by way of payment by Moneeys Mastercard in accordance with Section 21 of these Terms of Use (where such method is available). 

• When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a debit or credit card is used as the Funding Source, to work with your debit or credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your Mokingo. For the avoidance of doubt, if there is an error in relation to a transfer or an entry is incorrect, we reserve the right to submit corrected entries. 

• Your Mokingo registration also allows Users to make direct Debit Card and Credit Card payments to selected merchants. 

• You shall be responsible to resolve any disputes with your debit or credit card company, or your bank in relation to payments or top-ups of your Mokingo on your own. The Company shall not be responsible for any such lost or misdirected payments. 

• You may choose to top-up your Mokingo automatically by activating the “Auto Top-Up” option via the Application. By activating “Auto Top-Up”, you authorise us to transfer into your Mokingo a specified amount that you have selected via the Application by deducting from or charging to your Funding Source, should the balance in your Mokingo fall below a designated amount. To withdraw such standing instruction, you may deactivate “Auto Top-Up”. You hereby authorise us to perform such transfer from the Funding Source in accordance with instructions via the Application. Such authorisations and standing instructions will remain effective and unchanged unless you have requested to deactivate or cancel the “Auto Top-Up” in accordance with such method as we may prescribe and such request has been accepted by us. For the avoidance of doubt, such cancellation shall only be effective after we have confirmed acceptance of cancellation of the Auto Top-Up function via the Application and any transfers prior to such confirmation shall proceed unaffected. Your instructions in relation to such prior transfers are irrevocable.   

• Where you have activated “Auto Top-Up”, you understand and agree that you shall, at all times, maintain sufficient funds available in your Funding Source(s). Failing to do so may lead to a failure in the “Auto Top-Up” resulting in failed payment transactions and/or delays, among other consequences. You understand and agree that we will not be responsible or liable in any way for any such consequences of any nature whatsoever and you agree not to take any action or to release us from any claims whatsoever in relation to any such consequences. 

3. MokingoCredits 

• You may purchase and hold credits for the Mokingo (“MokingoCredits”) via a Funding Source in GBP or US Dollars or such other foreign currencies that are offered. 

• Other than for those Mokingo Provider Wallet and Mokingo Store, Users notified in writing to the contrary, the maximum amount of MokingoCredits that a User of the Mokingo can hold at any time is S$5,000 (or such equivalent aggregate amount in foreign currencies), or such lesser limit as is notified to you under the Application) and the total value of consumer payment transactions using the  involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the amount (up to the disputed amount) from your MokingoCredits or by any other way it deems fit in its sole discretion. 

• The Company has the right to forfeit your MokingoCredits where it reasonably believes that your use of the Service may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use. 

4. Withdrawal and Transfer of MokingoCredits 

• The MokingoCredits for the Mokingo cannot be resold or transferred for value. The MokingoCredits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. 

• You may transfer MokingoCredits to, and receive MokingoCredits from, other Mokingo Users.  

• Save for any Non-Transferable Balance (as defined below), you may transfer MokingoCredits to, and receive MokingoCredits from, accounts held locally with the following banks and e-wallets which are part of the FAST and PayNow bank transfer network: 
   
  Banks 

• 1) TSB 
  2) HSBC 
  3) Airwallex 
  4) Standard Chartered Bank 
  5) Moneeys Banking 
  6) Citibank  
  7) Citibank UK Ltd 
  8) ANZ Bank 
  9) Deutsche Bank 
  10) HL Bank 
  11) Satander 
  12) MBC Mauritius 
  13) ICICI Bank Limited UK 
  14) Industrial and Commercial Bank of China Limited 
  15) Chase 
  16) Malayan Banking Berhad 
  17) Mizuho Bank 
  18) Bank of China 
  19) RHB Bank 
  20) BNP Paribas 
  21) Sumitomo Mitsui Banking Corporation 
  22) The Bank of Tokyo Mitsubishi UFJ 
  23) Sing Investments & Finance Ltd 

• E-wallets 
  1) Moneeys.com 
  2) Transferwise 
  3) PayPal 
  4) Western Union 

• Non-Transferable Balance: All purchases of MokingoCredits from credit cards and foreign debit cards cannot be transferred out to local bank accounts or e-wallets. 

• Subject to prior agreement with the Company, Business Users notified in writing may accept settlement of payments by MokingoCredits directly to their designated bank account. 

• The Company may decide to reverse or refuse transfers of MokingoCredits at any time and at its sole discretion. 

5. Establishing your Identity 

• The Company is required to comply with all applicable laws, regulations, notices and guidelines issued by the relevant government and regulatory authority on Prevention of Money Laundering and Countering the Financing of Terrorism 

• Pursuant to such applicable laws, regulations, notices and guidelines, Users of the Mokingo may be required to provide, either via the Application, or via MyInfo, to the Company such data to allow the Company to establish and verify their identity (together with, in the case of corporate account, the identity of the beneficial owners, directors or individuals with executive authority, and individuals authorised to operate the account) both at the time of opening the Mokingo account, at periodic intervals after opening the account, and on ongoing basis. 

• You hereby acknowledge that the Company may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Company and the User to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party outsourcees (both in UK and overseas), as well as in relation to transfers and reporting of such data and your transactions to the MAS, and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines. 

• You agree that you will cooperate in relation to any anti-money laundering and countering terrorism financing screening that is required and to assist the Company in complying with any applicable laws, regulations, notices and guidelines in place. Further you agree that you are not a Politically Exposed Person and in the event that you become such Politically Exposed Person you agree to inform the Company immediately. 

6. Representations and Warranties 

• By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. 

• You agree that you shall not open more than one Mokingo account. 

• Your use of the Service is for your own sole personal use. You undertake not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your User account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in UK or otherwise in the country, state and city in which you are present while using the Service. 

• You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used. 

• By using the Software or the Application, you agree that: 

• You will only use the Service for lawful purposes; 

• You will only use the Service for the purpose for which it is intended to be used; 

• You will not use the Application for sending or storing any unlawful material or for fraudulent purposes; 

• You will not use the Application and/or the Software to cause nuisance, annoyance, or inconvenience; 

• You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service; 

• You will not impair the proper operation of the network; 

• You will not try to harm the Service, the Application and/or the Software in any way whatsoever; 

• You will not copy, or distribute the Software or other content without written permission from the Company; 

• You will only use the Software and/or the Application for your own use and will not resell it to a third party; 

• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service; 

• You will provide the Company with proof of identity as it may reasonably request or require; 

• You acknowledge and agree that only one (1) Mokingo account can be registered on one mobile phone or other electronic device operating the Application; 

• You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice; 

• You will only use an access point or device which you are authorized to use to access the Mokingo; 

• You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing consumers; 

• You agree that the Service is provided on a reasonable effort basis; and 

• You agree to abide by the terms of the Mokingo Acceptable Use Policy (below) in relation to your use of the Service. 

7. Acceptable Use Policy 

• You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use. 

• You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation. 

• Save as permitted by the Company but subject always to applicable laws and regulations, you agree not to perform transactions using the Mokingo involving: 

• Adult media depicting or related to illegal activity such as child pornography, rape, incest, etc; 

• Any goods or services promoting hate, violence, harm or intolerance in any form; 

• Any goods or services subject to UN Security Council’s sanctions; 

• Branded, trademarked or copyrighted goods of any kind unless the seller is the intellectual property / copyright holder or licensee; 

• Circumvention services, devices or software used to circumvent the law or remove copyright protections; 

• Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services; 

• Flammable, explosive, pyrotechnic, toxic and hazardous materials including but not limited to fireworks, explosives, radioactive materials and substances, gunpowder; 

• Foreign government entities including but not limited to embassies and consulates; 

• Fortune tellers, astrology, card reading, tarot, hypnosis and similar services; 

• Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes; 

• Government, law enforcement and military issued items including but not limited to uniforms, badges, decorations, unless historical and/or clearly not genuine or official (e.g. toys); 

• Human parts of any kind, including but not limited to organs, body parts, human remains, body fluids, stem cells, embryos; 

• Illegal drugs, tobacco or health products. Substances designed to mimic the effects thereof. Related accessories and products used to create or consume them such as bongs, hookahs and similar devices; 

• Items that encourage, promote, facilitate or instruct others to engage in illegal activity; 

• Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of UK or any jurisdiction; 

• Legal and tax consultancy, bankruptcy and any similar services; 

• Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety; 

• No-value-added services of any kind, including but not limited to resale of government offerings without authorization or added value, services that are unfair, deceptive, or predatory towards consumers; 

• Offering or receiving payments for the purpose of bribery or corruption;  

• Political, religious, spiritual, charitable and non-profit organizations of any kind; 

• Products of wildlife trafficking, illegal hunting and poaching of endangered species such as marine mammals, shark fins, rhino horns, ivory, deer musk, bear bile, tiger penis, and any similar products; 

• Property sharing, timeshares, house-swapping, sub-letting, bed & breakfast and similar businesses; 

• Sale of social media activity, click farms including but not limited to sale of Facebook likes, Twitter followers, YouTube views; 

• Sexually oriented materials or services; 

• Stolen goods including unlawfully acquired or copied digital and virtual goods; 

• The personal information of third parties in violation of UK law; 

• The sales of products or services identified by UK government agencies to have a high likelihood of being fraudulent or to be being transacted by the User in violation of UK law; 

• Unlicensed travel agents; or 

• Weapons of any kind including firearms, ammunition, knives, nunchakus and related products, parts or accessories thereof. Weapons or knives regulated under UK law. Toys, gift and replicas of any kind resembling closely any of such items. 

8. Taxes 

• You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. 

• You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement. 

• You agree that details of your Mokingo account and all transactions thereunder may be provided on request to any tax authorities either in UK or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation. 

9. License Grant & Restrictions 

• The Company is a licensee of Mokingo MBA Ltd , having its registered address at 107 Sodnac Avenue, Quatre Bornes, Mauritius) in relation to the Application. 

• The Company, its affiliates and its licensors including Mokingo MBA. Ltd., where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors. 

• You hereby agree that you shall not: 

• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; 

• modify or make derivative works based on the Application and/or the Software; 

• create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; 

• reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software; 

• launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; 

• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; 

• post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or 

• remove any copyright, trademark or other proprietary rights notices contained in the Service. 

• You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: 

• send spam or otherwise duplicative or unsolicited messages; 

• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; 

• send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; 

• interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; 

• attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; 

• impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or 

• engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable. 

10. Intellectual Property Ownership 

• The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. 

• These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. 

• The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates or third parties, and no right or license is granted to use them. 

• For the avoidance of doubt, the term the “Software” and the “Application” herein shall include its respective components, processes and design in its entirety. 

11. Data Privacy & Personal Data Protection Policy 

• You agree and consent to the Company collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder. 

• For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company by any means and/or any information about you that has been or may be collected, stored, used and processed by the Company. 

• The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service. 

• The Company may collect, use, disclose and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”): 

• to perform the Company’s obligations in respect of any contract entered with you; 

• to provide you with any services pursuant to the Terms of Use herein; 

• process, manage or verify your application for the Service pursuant to the Terms of Use herein; 

• to validate and/or process payments pursuant to the Terms of Use herein; 

• to process any refunds, rebates and or charges pursuant to the Terms of Use herein; 

• to facilitate or enable any checks as may be required pursuant to the Terms of Use herein; 

• to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs; 

• for internal administrative purposes, such as auditing, data analysis, database records; 

• for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in UK or overseas); 

• for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in UK or overseas including disclosing such Personal Data to UK and overseas law enforcement agencies or courts); 

• to respond to questions, comments and feedback from you; 

• in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data, 

provided that in the event your data is shared with an external third party, such third party shall be contractually obliged to provide no less protection for that data than the Company. 

• In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”): 

• to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto; 

• to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors; 

• to notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or 

• to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever. 

• If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, please notify the Company through the HelpCenter 
  Mokingo Data Protection Officer – E-mail: mokingo@mokingo.com  

• The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change. 

• You consent to and the Company reserves the right to transfer your Personal Data to its business partners, affiliates and outsourcees (whether in UK or overseas) for the purpose of the use of such data in the use and operations of the Mokingo stored value facility, including but not limited to where you have subscribed to other services provided by the Company’s business partners or affiliates and/or where the operational support is provided to the Company by such business partners, affiliates or outsourcees. 

• The Company is committed to full compliance with the provisions of GDPR 

•  

• 12. Third Party Interactions 

• During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. 

• Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. 

• The Company and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. 

• The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third-party providers. 

• The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third-party merchants or transportation providers, goods and/or services may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers. 

13. Indemnification 

• By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: 

• your use of the Service, the Software and/or the Application in your dealings with the third-party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors; 

• your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein; 

• your violation of any rights of any third party; 

• your misuse of the Service, the Software and/or the Application. 

14. Limitation of Liability 

• The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software. 

• The Company does not represent or warrant that: 

• The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; 

• The Service and/or Rewards will meet your requirements or expectations; 

• Any stored data will be accurate or reliable; 

• The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations; 

• Errors or defects in the Application and/or the Software will be corrected; or 

• The Application or the Server that make the application available are free of viruses or other harmful components. 

• The Service and Rewards (as defined below) are provided to you strictly on an “as is” basis. 

• All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under UK law. 

• The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other Mokingo Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems. 

• To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software. 

15. Termination 

• Either the Company or you may terminate this Agreement on one month’s notice in writing to the other. 

• You hereby agree that this Agreement shall terminate immediately in the event that you are: 

• declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration; or 

• found in default of your debt obligations to a licensed bank by a UK court; 

• deceased. 

• In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the UK courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding balance of Credits in the Mokingo. 

• You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. 

• Any outstanding amounts in the Mokingo will be paid to you by the Company. 

16. Complaints about use of the Service 

• Users are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the Service either via the following Customer Service by emailing: mokingo@mokingo.com  

• You agree to raise any complaints and disputes about incorrect Service within one month of the transaction for payment of goods and services or within seven days of the person to person transfer of MokingoCredits, or of you becoming aware of the fraudulent usage of the Mokingo, whichever is earlier. 

17. Notices 

• The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). 

• You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application. 

18. Assignment 

• This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. 

• Any purported assignment by you in violation of this section shall be void. 

19. General 

• This Agreement shall be governed by UK law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the UK International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be UK, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. 

• No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service. 

• If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. 

• The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. 

• The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein. 

20. International Remittance Business 

• Users of the Mokingo who have completed the appropriate identity checks under Section 5 are entitled to use the Company’s international remittance business services (“IRB Services”) pursuant to which Users may transfer MokingoCredits to Mokingo e-Wallets held by overseas users in other countries where the Company’s affiliates offer such service, or to banking partners and licensed Remittance Agents in the country of receipt (each, an “Transaction”). 

• Use of the Services shall incur those charges for IRB Transactions detailed in the Application. 

• Use of the  Services shall be subject to the maximum Transaction amounts notified to Users in the Application, charges and commission together with the applicable exchange rate as notified to the User at the time of making, or attempting to make, the  Transaction, provided however, that no Transaction will be allowed which, together with the application of the charges and commission, would cause the User to hold a negative balance in their Mokingo, nor that would cause the recipient to breach the terms of their respective Mokingo in the country of receipt. 

• The Company shall not be liable for errors made by the User in entering the recipient identification information into the Application for the purposes of identifying the recipient of the Transaction. 

• The Company reserves the right to decline Services, or to stipulate limits on the use of Services, to any User. 

• The Company provides a full guarantee of the safe receipt of funds for all IRB Services involving the transmission of MokingoCredits to Mokingo e-Wallets overseas, or a full refund to the sending User of the amount remitted. 

• Queries in relation to the use of the Services may be made in accordance with Section 16. 

• Foreign Currency. The Company may introduce new or vary existing Foreign Currency from time to time as notified to you via the Application. 

• The Moneeys Mastercard may be used for transactions at MasterCard’s merchants or retail points worldwide in both UK Dollars and Foreign Currency auto-deducted from the available balance in your Mokingo, or Multi-currency Purse. Any Moneeys Mastercard transaction made in the UK Dollars shall be settled in UK Dollars. Any Moneeys Mastercard transaction made in a Foreign Currency, whether locally or overseas, shall be processed and settled in such Foreign Currency where there is such available balance within the Multi-currency Purse. In the event of insufficient balance in the relevant Foreign Currency within the Multi-currency Purse, the outstanding amount shall then be settled in UK Dollars at a dynamic exchange rate prescribed by the Company. 

• For all transactions performed via Moneeys Mastercard outside UK, exchange rates shall apply and are determined by MasterCard, based on prevailing wholesale interbank rates.  The Company may levy a fee based on a percentage of the converted amount in the respective Home Currency, as specified in the Fees and Charges published in the Help Centre. 

• The maximum balance and spend limit of the Moneeys Mastercard shall be in accordance with the maximum amount of MokingoCredits that a User of the Mokingo can hold at any time as prescribed by local regulatory requirements and in UK Dollars.  

• The Moneeys Mastercard may not be added as a funding source to any other Mokingo whether in UK or overseas. 

• No Moneeys Mastercard transaction which would cause the Users to hold zero or a negative balance in their Mokingo. If there are insufficient funds held in both UK Dollars and/or Foreign Currency within the Multi-currency Purse, Overseas Mokingo(s) and/or Mokingo to pay for a transaction, the Moneeys Mastercard transaction will be declined. You are solely responsible for determining the balance held in UK Dollars and Foreign Currency, and for ensuring you have sufficient funds for all Moneeys Mastercard transactions. 

• Subject to the provisions set by the Company and the relevant regulators in accordance with Section 4, the physical Moneeys Mastercard may be enabled with withdrawal function used for local and/or overseas ATM withdrawal where MasterCard is accepted. Applicable withdrawal charges may apply. 

• The Moneeys Mastercard shall be enabled with a security system by the Company and the MasterCard including 3DS, dynamic CVV capability, and Chip & Personal Identification Number (PIN) requirements. You shall be solely responsible to ensure safeguard, security, and shall not allow unauthorised persons to use your Moneeys Mastercard. The Company reserves the right to block or restrict any transactions that is deemed high risk or suspicious and the right to suspend or terminate the Moneeys Mastercard. 

• Your PIN is strictly confidential. You shall not disclose the PIN to any person under any circumstances or by whatever means, failing which you shall be fully responsible and liable for all transactions effected by the use of the PIN whether with or without your knowledge and authority. 

• You shall observe all security measures prescribed by the Company relating to your Moneeys Mastercard and Account (such as but not limited to updating device browser to the latest version, patching operating systems regularly, using strong password comprising numbers, letters and symbols). If your PIN is compromised or suspected to be exposed to another person, you are required to immediately lock your Moneeys Mastercard via Application or by calling the Moneeys Mastercard helpline number Tel: +65 6902 1036. 

• In the event of loss of your physical card, you are required to immediately lock your Moneeys Mastercard via Application or by calling the Moneeys Mastercard If your Moneeys Mastercard was reported as lost / stolen and a replacement card was issued by the Company and the lost / stolen Card is subsequently recovered (“Recovered Card”), you shall immediately destroy the Recovered Card by cutting the Card into half. 

• You are responsible for examining all Moneeys Mastercard entries in the transaction history listed in the Application or in any form of transaction notification sent to you by the Company and report any unauthorised or incorrect transaction as soon as possible and in any event no later than 14 calendar days after the transaction date. If you do not report the transaction within 14 calendar days after the entry appears in the transaction history, the Company shall not be liable. 

• You are required to make a police report if the Company requests such report to be made to facilitate with any claims or disputes investigation process.  

• You have the duty to provide the Company with accurate and updated contact details (e.g. phone number or email address) at all times, as long as you open and maintain an active Mokingo with the Company, so that transaction notifications are enabled by you to be delivered. 

• You are responsible in enabling transaction notification alerts for the Moneeys Mastercard or Mokingo on any device used, opting to receive transaction notifications, monitoring all transaction notifications sent by the Company to identify any unauthorized transactions and reporting such unauthorized transactions timely (i.e. no later than 14 calendar days after the transaction date). 

• The Company is not liable to resend any transaction notifications delivered or to provide reminders to any User to monitor their transaction notifications. 

• You will be liable for any unauthorized transactions which require signature verification, PIN verification or carried out via the contactless function, if you have: 

• Acted fraudulently; 

• Delayed notifying the Company as soon as reasonably practicable after having discovered the loss of your Moneeys Mastercard or any unauthorized use of your Moneeys Mastercard (ie. if more than 14 calendar days have lapsed since the date of the unauthorized transaction or loss of Card); 

• Voluntarily disclosed your PIN to any other person(s); or 

• Failed to protect the confidentiality of your PIN such as but not limited to recording your PIN on the Card, or on anything kept in close proximity with the Card, or disclosing your PIN in a recognisable way, or recording your PIN that allows any other person to easily misuse the PIN. 

• If you keep a record of your PIN, you are responsible in securing the record in an electronic or physical location known only to yourself that is unlikely to be found by any other person(s). 

• The Company shall not be liable for any act or omission on the part of the Merchant including refusal by any Merchant to honour the Card or any defect or deficiency in any goods and/or services provided by the Merchant when you use the Moneeys Mastercard. You shall resolve all complaints, claims and disputes against the Merchant directly with the Merchant and not through the Company. 

• Any requests for refunds for goods and/or services that are purchased using the Moneeys Mastercard are at the full discretion of the Merchant based on the respective Merchant’s refund and exchange policies. 

• These Terms of Use shall be subject to, governed by and construed in accordance with the applicable laws of UK and all relevant rules, regulations and guidelines of the Monetary Authority of UK (MAS) and other relevant bodies, in force from time to time. 

• In the event of any inconsistency between these Section 21 Terms of Use with any brochures, marketing and promotional materials relating to any campaign or promotion, these Section 21 Terms of Use shall prevail. 

• The use of the Moneeys Mastercard and Moneeys Mastercard Services shall also be subject to MasterCard’s Terms of Use, which may be updated by MasterCard from time to time. The Company reserves the right to enhance, modify or cancel any features and benefits of the Moneeys Mastercard without prior notice. 

• All disputes and unauthorised transactions made using the Moneeys Mastercard will be subject to the rules established under the dispute resolution process of MasterCard. 

22. MokingoRewards Loyalty Programme 

• By using the Application, you will automatically be a member of the loyalty programme named “MokingoRewards Loyalty Programme” operated by the Company and/or its Affiliates (“MokingoRewards Loyalty Programme”, or as the context requires, the “Programme”). 

• Upon a successful registration for a Mokingo account, all Mokingo Users shall automatically be accorded with “MokingoRewards Member” status and may commence accumulating MokingoRewards points (“Points”) from qualifying transactions under the Programme. The MokingoRewards Loyalty Programme membership is non-transferable and shall be for personal use of the Mokingo User only. 

• As a member of the MokingoRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third-party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”). The Company may, at its sole and absolute discretion, award you Points which can be used to redeem for Rewards upon the completion of the qualifying transactions. You may earn points by such methods as are provided for by the Company from time to time. 

• The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes. 

• Points accumulated by the Member shall expire in the event the Member does not earn any points within the timeframe stipulated for your country. The timeframe may differ in different geographical locations. In such an event, the accumulated Points shall be automatically forfeited at the absolute discretion of Mokingo and without notice to the Member. Forfeited Points cannot be reinstated. 

• You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against the Company for any expired Points. 

• Partnership Programmes: The Company may periodically offer conversion of points to the points systems of partner rewards programmes, subject to the following: 

• Upon completion of the points conversion transaction under such conversion, reversal of the conversion of points is not possible. 

• The Company accepts no responsibility for errors in the crediting of points subject to such conversions, other than in relation to errors resulting from its own negligence. 

• The conversion of points from the MokingoRewards Loyalty Programme to points under partner programme(s) is subjected to the partner’s terms and conditions. Once converted into partner programme points, the converted points are also subject to the partner’s terms and conditions 

• Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. 

• If you comply with all these Terms of Use and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third-party merchant (as the case may be) 

• You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers. 

• Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. 

• Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained. 

• The Company may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Points for any reason whatsoever, including without limitation, where 

• There are insufficient Points to redeem for the particular Reward; 

• The Reward is no longer made available or out-of-stock by the third party merchant 

• The Points you wish to use for redemption of Rewards have been issued to you in error; or 

• The Company reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour 

• You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same. 

• The MokingoRewards Loyalty Programme offers four (4) membership tiers as follows: 

• an entry membership tier known as “Member”; 

• a basic membership tier known as “Silver”; 

• a mid-level membership tier known as “Gold”; and 

• a premier membership tier known as “Platinum”. 

• Certain Points earnt under the MokingoRewards Loyalty Programme shall be designated as “Qualifying Points”. Such Qualifying Points shall exclude Points issued by designated marketing campaigns, refunds, appeasements and such other events to be determined by Mokingo in its sole discretion. 

• w Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Qualifying Points to be retained in that tier, you shall be downgraded to the next relevant membership tier. 

• The benefits and privileges of each membership tier shall be as set out from time to time in the Application. 

• If you do not wish to be a member of the Mokingo Rewards Loyalty Programme, you may do so by opting out though the Application. 

• Upon your cessation to be a member of the Mokingo Rewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership. 

• The Company reserves the right to hold the issuance of Point earned until the transactions, including payment, are completed. Points earned from purchases from Partners will only be issued if the good(s) and services(s) purchased are not returned, cancelled or refunded. 

• Fraud, abuse of redemptions or any dishonest activities related to the MokingoRewards Loyalty Programme may result in the forfeiture of accumulated Points as well as, demotion of your membership tier, cancellation of your membership in the MokingoRewards Loyalty Programme or termination of your account. 

• To the extent as permitted by applicable laws, the Company reserves the right at any time to: 

• vary, modify or amend the terms and conditions of the MokingoRewards Loyalty Programme (including adding or deleting any terms); 

• terminate or modify the MokingoRewards Loyalty Programme; 

• revoke, adjust and/or recalculate any Points awarded; 

• change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value; 

• change the number of Points that can be earned on spendings on qualifying transportation services; 

• modify the qualifications and eligibility for earning Points; 

• modify the activities that earn Points; 

• modify the methods used to calculate the number of Points to be awarded; 

• withhold or cease the awarding of Points to you; 

• modify the qualifying Points or other criteria for membership tier upgrades and renewals; and 

• change or withdraw any benefits related to a particular membership tier; and/or 

• change the duration taken for Points to expire. 

without prior notice to you and at its sole discretion. 

• The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason. 

• You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you. 

23. Safeguarding of Your Funds 

• The Company will safeguard any monies, including MokingoCredits, received on your behalf in relation to the use of the Service or any other regulated Mokingoservice as relevant money (“relevant money” as defined in Section 23 of the Payment Services Act 2019). In this regard: 

• (i)    all relevant money will be held by the Company on your behalf in a separate trust account held with a safeguarding institution (as defined in Section 23 of the Payment Services Act 2019) in UK; 

• (ii)   you acknowledge that relevant money received by the Company from you, or on your account, will be deposited in the client monies account together with, and commingled with, monies received by the Company from, or on account of, the Company’s other customers; 

• (iii)  you understand and accept that the risk of such commingling is that you may potentially be exposed to the losses of other customers, as your relevant money is commingled with monies of other customers in the same account; and 

• (iv)  you also acknowledge that in the unlikely event of insolvency of the safeguarding institution, there is a risk you may not be able to fully recover your relevant money.